Criminal Activity Within Jail 'Significant Departure' From Rehabilitative Process, Weighs Against Inmates Eligibility For Parole: Delhi HC

The Delhi High Court has observed that criminal activity within jail premises may be regarded as a “significant departure from the rehabilitative process which may weigh against an inmate's parole eligibility.

“Parole, which is a conditional release from the jail, is granted by the competent authority, and the same is contingent upon several factors including the behaviour of prisoner within the jail premises, and his demonstration of readiness for reintegration into society. Criminal acts committed within the jail premises go against the very purpose of rehabilitation and correcting the prisoners/ convicts,” Justice Swarana Kanta Sharma said.

The court observed that while evaluating an application filed by a convict seeking parole or furlough, the jail authorities must examine the inmate's conduct both within and outside the prison.

“Prisons, which are called correctional institutions, are designed to facilitate rehabilitation of the convicts and at the same time, to ensure deterrence while ensuring public safety. Every Prison also has its own rules. Within this framework, if a convict indulges in criminal behaviour within the confines of a prison, the same will have to be dealt with appropriately,” it added.

Justice Sharma made the observations while dismissing a plea moved by a murder convict seeking his release on parole for eight weeks for filing an SLP before the Supreme Court of India against his conviction.

The court observed that the convict had received a punishment ticket as he had beaten a fellow inmate resulting in serious injuries and that such ticket was given judicial appraisal as he was awarded punishment for stoppage of the 'Mulakaat' facility for three weeks.

“Thereafter, on 26.02.2023, the present petitioner was also involved in another fight with a fellow inmate which resulted in multiple injuries to the said inmate. The said punishment ticket was given judicial appraisal vide order dated 22.08.2023 whereby the petitioner was awarded with stoppage of Mulakaat and canteen facility for four weeks. The said punishments had been awarded to the petitioner during the pendency of present writ petition,” the court said.

However, the court directed the concerned Jail Superintendent to ensure that the convict was provided with necessary legal aid facilities in jail to enable him to prefer an SLP before the Apex Court.

Counsel for Petitioner: Mr. Ajay Kumar, Advocate

Counsel for Respondent: Mr. Jasraj Singh Chhabra, Mr. Amit Peswani, Advocates for Ms. Nandita Rao, ASC for the State